Wells Fargo Bank v. Estate of Phyllis M. Malkin
| Docket Number | 172, 2021 |
| Decision Date | 26 May 2022 |
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5 cases
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Geronta Funding v. Brighthouse Life Ins. Co.
...LLC v. Est. of Berland , 266 A.3d 964, 967-68 (Del. 2021).130 28 A.3d 1059 (Del. 2011).131 Id . at 1067-68.132 Wells Fargo Bank, N.A. v. Est. of Malkin , 278 A.3d 53 (Del. 2022).133 Della Corp. v. Diamond , 210 A.2d 847, 849 (Del. 1965).134 Price Dawe , 28 A.3d at 1067.135 We acknowledge th......
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Estate of Carmel v. The GIII Accumulation Tr.
...of the insured himself, a right which then passes to the insured's estate when he dies. Warnock v. Davis, 104 U.S. 775, 782 (1881); Malkin, 278 A.3d at 61 (citing Warnock). That likewise suggests that estate's claim is derivative of that of the insured. The Estate contends that depriving it......
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A & E Bail Bonds, Inc. v. Sutton
...by utilizing the severability clause in the Agreement. These arguments are unavailing. In Wells Fargo Bank, N.A. v. Estate of Malkin, 278 A.3d 53, 65-66 (Del. 2022), the Delaware Supreme Court held that an assignee of a contract that is void ab initio receives nothing, because the illegal c......
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Estate of Berland v. Lavastone Capital LLC
...the money until the plaintiff asked for it. D.I. 190 at 3, 191 at 3-4. But here, Lavastone should never have had the money. See Estate of Malkin, 278 A.3d at 56. So it is not to the interest it presumably earned on that money, either. I must now estimate the present value of that $5,000,000......
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